27Conditions of bail

27 Conditions of bail (1) Bail may be granted unconditionally or subject to conditions imposed by instrument in writing. (2) One or more of the following conditions may be imposed on the grant of bail under this section: (a) that the accused person enter into an agreement (a conduct agreement) to observe specified requirements as to the accused person's conduct while on bail, other than financial requirements (whether for the giving of security, the depositing of money, the forfeiture of money or otherwise); (b) that one or more than one acceptable person, other than the accused person, acknowledge that the acceptable person is acquainted with the accused person and that the acceptable person regards the accused person as a responsible person who is likely to comply with the bail undertaking; (c) that the accused person enter into an agreement, without security, to forfeit a specified amount of money if the accused person fails to comply with the bail undertaking; Bail Act 1982 25 (d) that one or more than one acceptable person, other than the accused person, enter into an agreement or agreements, without security, to forfeit a specified amount or specified amounts of money if the accused person fails to comply with the bail undertaking; (e) that the accused person enter into an agreement, and deposit acceptable security, to forfeit a specified amount of money if the accused person fails to comply with the bail undertaking; (f) that one or more than one acceptable person, other than the accused person, enter into an agreement or agreements, and deposit acceptable security, to forfeit a specified amount or specified amounts of money if the accused person fails to comply with the bail undertaking; (g) that the accused person deposit with an authorised member or a court a specified amount of money in cash and enter into an agreement to forfeit the amount deposited if the accused person fails to comply with the bail undertaking; (h) that one or more than one acceptable person, other than the accused person, deposit with an authorised member or a court a specified amount or specified amounts of money in cash and enter into an agreement or agreements to forfeit the amount or amounts deposited if the accused person fails to comply with the bail undertaking; (j) where: (i) bail is granted by a court; and (ii) the offence with respect to which the application is made is an offence punishable by a term of imprisonment for 2 years or more, or, by payment of a maximum penalty of, or of not more than an amount equal to, 85 penalty units; that the accused person surrender every passport, whether Australian or foreign, held by the accused person. (3) The determination as to: (a) which person or persons, or class or description of persons, are acceptable persons for a condition referred to in subsection (2)(b), (d), (f) or (h) and the number of acceptable persons required for those purposes; or (b) the nature and sufficiency of security that is acceptable security for a condition referred to in subsection (2)(e) or (f); Bail Act 1982 26 must be made by: (c) the authorised member or the court imposing the condition; or (d) in the absence of a determination by the authorised member or the court referred to in paragraph (c) – the court or person to whom the bail undertaking is given. (3A) Where a court imposes a bail condition under subsection (2)(j): (a) the passport or passports must be given to the Registrar or other appropriate officer of the court; (b) the Registrar or other appropriate officer of the court must cause the passport or passports to be kept in such custody as he or she thinks fit for such period, or on the occurrence of any contingency, as is specified by the court; and (c) the passport or passports must, in accordance with the terms specified under paragraph (b), be returned to the accused person unless the court orders otherwise. (3B) Where a court imposes a condition on the grant of bail under subsection (2)(j) and an Australian passport is surrendered in compliance with the condition, the Registrar or appropriate officer of the court must, as soon as is practicable, give to the Minister administering the Australian Passports Act 2005 (Cth) a copy of the order. (4) The Regulations may require an acknowledgement under this section to contain such details, to be provided by the person making the acknowledgement, as are prescribed relating to the circumstances in which the person is acquainted with the accused person. (5) An agreement or acknowledgement under this section must be in writing. (6) A condition, agreement or acknowledgement under this section may be entered into or made in respect of more than one offence.